Author(s) from Durham

Abstract

International constitutionalization presents a challenge to the traditional international legal order and particularly the role of the state. The state is currently in a period of flux within international law. Constitutionalization presents one possible future understanding of the role of the state in international governance. Arguably, for a process of constitutionalization to occur some core norms of constitutionalism must be present. Two norms of constitutionalism, the separation of powers and democratic legitimacy, present particular difficulties for the role of the state in current international law. As long as state’s actions as part of an international constitutional order remain unresolved, the process of constitutionalization itself cannot said to be complete or indeed legitimate.